Treasure County District Court, Montana Service and Proof of Service Rules

CRITICAL

Proof of service for papers required or permitted to be served must be filed promptly and before the Court or parties take action on them.

B. Proof of service of all papers required or permitted to be served shall be filed with the Clerk of Court promptly and in any event before any action is to be taken thereon by the Court or the parties.

CRITICAL

When the Court orders a DPHHS evaluation, counsel must mail or deliver conformed copies of the adoption petition and evaluation order to DPHHS.

Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.

CRITICAL

An extension request must be served before the due date.

Any requests for an extension of time shall be filed and served prior to the due date.

CRITICAL

A party seeking attorney’s fees must serve the itemized affidavit.

Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.

CRITICAL

The proposed findings and conclusions must be served on opposing parties unless the Court waives the requirement.

For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.

CRITICAL

The Respondent must serve the Petitioner with an affidavit following the prescribed outline and stating objections or concerns within 30 days after service of the Petitioner’s affidavit.

No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses.

CRITICAL

After entry of an order for child support collected by the Child Support Enforcement Division, counsel for the recipient must notify that Division as required by Montana law.

After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.

CRITICAL

If counsel has not arranged for the original document to be timely brought before the judge, counsel must mail or email a copy to the judge’s resident office.

When counsel has not arranged for the original document to be timely brought before the presiding judge, counsel shall mail or email a copy to the presiding judge at the judge’s resident office.

CRITICAL

After the initial filing, a party must provide opposing parties with documents filed with the Clerk or given to the judge using the same, quickest method.

A. Following the initial filing for any matter, when a party files a document with the Clerk of Court or provides a document to the judge, whether via fax or email or US Mail, the party shall use the same (quickest) method to provide the document to the opposing party. To do otherwise is the functional equivalent of ex parte communication with the Court.

CRITICAL

Communications to the Court must indicate on their face that a copy was sent to opposing counsel and any unrepresented party.

B. The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.

CRITICAL

Opposing parties must be served under applicable rules before a matter may be heard on the Law and Motion calendar.

C. No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.

CRITICAL

Service

Mail

A party requesting that the Clerk mail notice of a pleading, judgment, or order must provide copies and addressed, stamped envelopes; otherwise, the Clerk will provide it by email only.

C. Whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court by the party requesting such judgment or order to be provided by US Mail, together with properly addressed and stamped envelopes. Without proper envelopes and postage, the document will be provided by the Clerk of Court via email, only.

WARNING

An attorney who has electronically filed a document is deemed to have consented in writing to electronic receipt of documents.

F. An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.

WARNING

An attorney who has electronically filed a document is deemed to have consented in writing to electronic receipt of documents.

An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.

INFO

Applies to

Court order or minute entry

Service

Email

The Clerk may distribute Court Orders and Minute Entries by email instead of hard copy.

In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.